Quick Facts — Employment Contract Lawyers

What is a Mississippi Employment Contract?

A Mississippi employment contract is a legal document that employers and new employees negotiate and agree upon to create a legally binding agreement. This contract will define the terms and conditions of employment.

It is common for employment agreements to address the following issues:

  • Job duties
  • Salary and benefits
  • Company policy
  • Disciplinary procedures
  • Termination policy
  • Restrictive covenants

Both the employee and the employer will be legally bound by the terms in the contract. This protects the employee because an employment contract usually sets out specific reasons for termination that an employer must abide by.

The employer benefits through the use of restrictive covenants like non-compete agreements and non-disclosure agreements that protect business interests.

Are Employment Contracts Enforceable in Mississippi?

Yes. Employment contracts, including restrictive covenants, are enforceable in Mississippi. The laws regulating employment contracts can be found in the Mississippi Code under Labor and Industry.

Employment contracts will not be enforceable if they violate state or federal laws or go against public policy. They must also follow all other applicable state contract laws.

What Are the Legal Requirements for Mississippi Employment Contracts?

The Mississippi Supreme Court has recognized that oral contracts can be enforceable, however it is best to have a written employment contract that is signed by both parties. Written contracts are required for any agreement that cannot be performed within 15 months so if an employee is going to be a permanent worker, the contract should be in writing to be legally enforceable.

Types of Mississippi Employment Contracts

There are several types of enforceable employment contracts in Mississippi including:

  • Permanent employment agreement. Most used for permanent employees who will have set hours, compensation, and no end date for employment.
  • Fixed term employment agreement. Used when hiring employees who will only work for a specific period or to complete a specific job.
  • Independent Contractor agreement. Contractors and freelancers who are hired by an employer are not employees and require a specific contract that protects both party’s interests.

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in Mississippi?

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Alan B. on ContractsCounsel
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Alan B.

Business Attorney
Free Consultation
Tulsa, OK
12 Yrs Experience
Licensed in MS MO, OK
University of Tulsa College of Law

At Barker Law, we provide clients with superior service in trust, probate, and estate matters and litigation, contract drafting and review, outside general counsel services, negotiation, commercial litigation, and regulatory navigation. We confidently handle transactional and regulatory matters for businesses and individuals. As our feedback shows, we excel at meeting and exceeding our clients needs.

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Tameko P.

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Olive Branch, MS
7 Yrs Experience
Licensed in MS
Mississippi College School of Law

Greene Litigation Group, PLLC., specializes in Personal Injury, Criminal Defense, Contract Dispute, Wills & POAs, Irreconcilable Differences Divorce, Business Formation, Contract Drafting, and Landlord Tenant Law

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William B.

Associate Attorney
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Brookhaven, Mississippi
5 Yrs Experience
Licensed in MS AL, OK
Tulane University

Presently, I am a civil rights and insurance litigation attorney with a focus on representation government entities. Prior to this, I’ve represented some of the largest financial institutions in the world in litigation.

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"Hired Daniel for an IP/employment review on an onboarding situation with prior-employer overlap. What started as a focused scope grew into a multi-document protective package — RTA, employment amendment, equity side letter, scope-confirmation disclaimer, and full memo. Quick turnaround on revisions, item-by-item responses to my review notes that made the back-and-forth efficient, and practical sequencing guidance on what to execute and in what order. NY-licensed since 1996 and it shows in the governing-law analysis and structural drafting choices. Would hire again."

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Lauren F. on ContractsCounsel
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Lauren F.

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Former partner in mid-size firms, now a solo practitioner, with over a decade of experience in commercial real estate, including leasing, acquisition and disposition, and real estate finance.

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Hannah P.

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I am an attorney practicing in the greater Houston area. I have experience in various fields like personal injury, probate, real estate transactions, criminal defense, and traffic tickets.

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Naisleth R.

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Miami, FL
9 Yrs Experience
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I am a passionate and committed business, compliance, commercial and transactional attorney with ample experience in the areas of corporate governance, compliance and regulatory work. I bring more than 7 years of in-house experience within the telecom, healthcare and technology industry.

Contracts

Employment Contract

Ohio

Asked on Apr 13, 2023

What's personal leave in an employment contract?

I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.

Jeffrey K.

Answered Apr 14, 2023

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.

Read 1 attorney answer>

Arbitration

Employment Contract

California

Asked on Apr 27, 2023

What's the arbitration agreement in an employment contract?

I am currently in the process of negotiating an employment contract with a new employer. I am concerned about the arbitration agreement in the contract, as I am not sure what it is or how it could affect me in the future. I want to make sure that I understand the implications of the arbitration agreement before signing the contract.

Gagandeep K.

Answered May 27, 2023

An arbitration agreement is a legally binding contract between two parties or more so in this case between you and the employer. In the Arbitration Agreement both parties agree to use alternative dispute resolution (e.g., mediation, settlement conferences, neutral evaluation, arbitration) rather than pursuing civil court litigation in case a dispute arises. The Arbitration Agreement typically describes the scope of the disputes covered as well as the process, procedure and other requirements related to arbitration. You can read more about Arbitration Agreement here https://www.contractscounsel.com/t/us/arbitration-agreement.

Read 1 attorney answer>

Employee Rights

Employment Contract

New York

Asked on Nov 26, 2024

Can an employer change the terms of employee benefits without providing notice or obtaining consent?

I work for a small company that has recently made some changes to our employee benefits package without any prior notice or consultation with the employees. The changes include reducing the amount of paid time off, increasing the employee contribution for health insurance, and eliminating certain retirement benefits. I am concerned about the legality of these changes and whether the employer has the right to alter the terms of our benefits without providing any notice or obtaining our consent.

Damien B.

Answered Dec 2, 2024

If you have an employment contract, the employer must adhere to the terms of that agreement. Similarly, if the company has an employee handbook, changes to benefits must align with the policies outlined therein. Courts may consider an employee handbook as a binding contract if it creates an expectation of certain benefits. If your benefits are guaranteed in a written contract or employee handbook and the employer did not follow proper procedures to make changes, you may have a claim for breach of contract. Employers are generally encouraged to provide clear communication and advance notice of benefit changes to maintain trust and compliance with legal and policy obligations. If you have any further questions, feel free to reach out.

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Employment

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Asked on Oct 4, 2022

Are employment contracts confidential?

I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.

Donya G.

Answered Nov 1, 2022

Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon

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Employment

Employment Contract

Georgia

Asked on Apr 12, 2025

Can a company withhold a performance bonus if I leave before the payout date?

I recently resigned from my job, and in my employment contract, there was a provision for a performance bonus to be paid out at the end of the year. However, the payout date is a few months away, and I am concerned that the company may try to withhold the bonus since I am no longer employed with them. I want to know if they have the legal right to do so, or if I am still entitled to receive the bonus based on my performance during my time of employment.

Jerome L.

Answered Apr 15, 2025

This is a great—and very common—question. Whether the company can legally withhold your performance bonus after resignation depends heavily on how your employment agreement is written and how the bonus is classified. Key Factors to Consider: 1. Is the Bonus Discretionary or Earned? If your contract defines the bonus as discretionary, the employer generally has the right to decide whether to pay it and can condition it on continued employment. If the bonus is based on meeting specific performance goals or metrics, and those have been satisfied, it may be considered earned—even if the payment date is in the future. 2. Does the Contract Require You to Be Employed on the Payout Date? Many agreements include language stating the employee must be actively employed on the bonus payout date. If such a clause exists, the company may be within its rights to withhold the bonus, even if the performance was completed. 3. What Is the Bonus Period? If your bonus was based on a performance period that has already ended (such as a calendar or fiscal year), and you met your goals, you may have a stronger case for claiming the bonus as earned compensation. Georgia-Specific Note: In Georgia, employment is at-will, and courts generally uphold the terms of a written employment agreement. However, Georgia courts have also recognized that earned wages (which can include bonuses if not discretionary) must be paid. If the bonus is performance-based and the company has paid similar bonuses under the same conditions in the past, you may have grounds to assert that the payment is owed. What You Can Do: Review your employment agreement and any bonus policy documents closely. Look for phrases like “discretionary,” “earned,” and “must be employed on the payout date.” If the language is unclear, you may want to consult an attorney to evaluate whether the company is legally permitted to withhold the bonus—or if you may have a claim based on how the bonus was structured and earned. If you would like help reviewing your agreement, I’d be happy to assist.

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